TERMS AND CONDITIONS

2019 L’ÉTAPE AUSTRALIA BY LE TOUR DE FRANCE

1. L’ÉTAPE AUSTRALIA BY LE TOUR DE FRANCE

L’Étape Australia is a cyclosportive event which will be held on 30thNovember 2019 on a route that begins and finishes in Jindabyne.

Both courses (The Race and The Ride) will be timed and organised on roads which will be closed to general motor vehicle traffic.

L’Étape Australia is organised by Lateral Marketing & Management Pty Ltd (Lateral Event Management) under a tripartite Agreement with Amaury Sport Organisation (A.S.O.), owner of the Tour de France and Special Broadcasting Service (SBS).

2. TRAINING AND PREPARATION

L’Étape Australia strongly recommends that all participants engage in effective training and preparation for the event. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the event.

3. RISK

I understand and agree that I participate in L’Étape Australia entirely at my own risk. I agree that I am participating in the event on the express condition that L’Étape Australia: (a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to me or any of my servants, agents, contractors, visitors or invitees or any other person whatsoever (“Related Party”) which may happen as a result of my participation in the event; and (b) will not incur or be under any liability whatsoever to me or to any Related Party for any loss, damage or injury to or in respect of any of my property or of any Related Party’s property, except as occasioned by the grossly negligent acts or omissions of the Indemnified Person or its servants, agents, contractors, visitors or invitees.

4. ASSOCIATED RISK

I am aware of the physically strenuous nature of this event and the risks both mentally and physically.

I confirm I am healthy and fit enough (mentally and physically) to complete this event. I agree that should any medical or physical condition arise prior to the event which is likely to affect my ability to compete, I will withdraw from the event.

The L’Étape Australia organisation strongly recommends that all participants engage in effective training and preparation for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the event.

5. ONLINE ENTRY

By submitting an application online and paying a fee for entry into this event I understand and agree to abide by the terms and conditions and the instructions given by event personnel, traffic authorities and the police.

I shall not be eligible or entitled to participate in the event until full payment of the entry fee has been received by L’Étape Australia. No payment shall be deemed to have been received until L’Étape Australia has received cleared funds.

6. CANCELLING A REGISTRATION

All registrations are non-refundable and non-transferable.

7. EMAIL COMMUNICATION

L’Étape Australia primarily uses email to communicate with you. By entering this event, I agree to receive emails regarding this specific event. Other L’Étape Australia emails, such as newsletters and promotions, have an ‘unsubscribe’ link, but event specific emails do not have this link.

L’Étape Australia cannot be responsible if event information does not reach the intended recipient by email. The onus is on you to ensure that your Spam filters will allow L’Étape Australia emails through, for example by adding info@letapeaustralia.com to your email address books.

L’Étape Australia can only be responsible for ensuring that the email address provided is the one to which event emails are sent. All specific event emails and event information packs that are sent to you are also posted on the website event page.

8. PERSONAL IDENTIFICATION

At registration onsite at the L’Étape Australia Village (Banjo Patterson Park, Jindabyne), I recognise that I must produce appropriate photographic personal identification acceptable to L’Étape Australia (such as driver’s licence, passport or photo identification cards) to collect my registration pack.

9. TIMING AND RESULTS

L’Étape Australia will use best endeavours to provide you with an event finish time, however L’Étape Australia cannot be held responsible for any computer result anomalies or any technical malfunctions.

10. REMOVAL OF PARTICIPANTS

L’Étape Australia reserves the right at any time to remove a participant from the event or to prevent participants participating in the event if, at the Event Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the event by other participants or for any other reasonable reason. No refund of the event registration fee shall be made if you act negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the event or other participants.

11. RESELLING OR SWAP

I agree that participation in the event is personal to me. I am strictly prohibited from swapping, selling or transferring my place in the event or allowing any other person to wear my number and timing chip and participate in my place. If found to be in breach of this L’Étape Australia reserves the right to exclude me from participation in this and future events.

12. LIABILITY / RESPONSIBILITY

I acknowledge that personal accident and personal items insurance is my sole responsibility.

L’Étape Australia shall not be liable to you for any loss or damage of or to personal equipment belonging to you, or any indirect or consequential loss or damage whatsoever arising out of you taking part in the event; or for any loss of business; revenue or profit; loss of reputation; anticipated savings or wasted expenditure; pledges made on your behalf or by you to charity. L’Étape Australia will not be liable for any actions of any spectators or other third parties.

I accept that any mechanical support received on my bike from L’Étape Australia, partners, participants or other third parties is at my own discretion and I will not hold anyone else responsible for any subsequent bike malfunctions or resulting injury.

I accept that should my bike be transferred in any vehicle during the event, such as the sweep vehicle, I accept it is placed and transferred in the vehicle at my own risk and L’Étape Australia is not liable for any damage caused during this process.

Nothing in this agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.

13. ALLERGIES

Please note that some of the food products given out may contain or have traces of nuts and nut oils or may have been made alongside other products containing nuts. L’Étape Australia cannot be held responsible for any issues resulting from food allergies.

14. DATA PROTECTION

I agree for the purposes of this condition, personal information, including medical data, maybe collected for health and safety purposes (“Personal Information”).

I agree that my personal information can be stored and used by L’Étape Australia in connection with the organisation, staging and administration of the Event.

Medical information will only be used to allow medical assistance to be given.

I agree that my personal information and data may be used by L’Étape Australia and our event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.

I agree that my name and contact details can be used by L’Étape Australia and our event partners for the purposes of:

The promotion and marketing of the event;

Adding me to a mailing list to keep me informed about any future events and services which I believe I might be interested in, such as leisure activities relating to either similar types of events or activities;

Promotional and marketing material in respect of similar events, other community based activities organised by our event partners (sponsors).

L’Étape Australia shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into the possession or control of L’Étape Australia or our Event partners shall not be used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions.

If you would not like L’Étape Australia or our Event partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Event, please e-mail L’Étape Australia at info@letapeaustralia.com.

I am aware that by agreeing to the terms and conditions I will receive a limited number of welfare emails which will include training information and latest updates on L’Étape Australia itself.

15. FEES

All fees are inclusive of GST (goods and services tax) at the rate of 10%. If your entry is accepted the fee is non-refundable.

16. START TIME ALTERATIONS

L’Étape Australia reserves the right to alter the start time of the event. In the event of a change of start time the participants will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time for an event provided the event takes place on the specified date of the event.

17. DISTANCE AND COURSE ALTERATIONS

I am aware L’Étape Australia reserves the right to reduce the course distance, change the course, or make any other amendment to the Race or the Ride that they deem necessary. Any change to the Race or the Ride will be communicated to me at the event or sooner if practicable.

L’Étape Australia reserves the right to amend the event format (for example shortening the distance) or cancel the event due to circumstances beyond its reasonable control or for any safety related reason. In the event of the event being cancelled it shall provide the participant with a full refund, less an administration charge of $10, with no further liability whatsoever arising from such cancellation.

The cancellation and amendment policy of L’Étape Australia is as follow:

Race-course amendment:

If the Bureau of Meteorology forecasts 50+ mm of rain, and the rain is expected during the event, the race courses will be modified to avoid the potential flooding area at Rocky Plain. The riders will not be sent on Eucumbene Road and will remain on Kosciuszko Road until Berridale.

If the Bureau of Meteorology forecasts winds reaching 50km/h and more on the section between Jindabyne and Perisher, the course of The Race will be modified and the section between Jindabyne and Perisher will be removed. The riders registered for the Ride will finish in Jindabyne.

If both rain and winds are forecast by the Bureau of Meteorology, both amendments will be applicable.

Possible cancellation:

If the Bureau of Meteorology forecast between 51 and 90mm (inclusive) of rain, and the rain is expected during the event, L’Étape Australia organisers will consider other factors to determine if the event is to be modified or cancelled.

If the Bureau of Meteorology forecast winds from 51km/h to 70km/h (inclusive) on the main loop of the race course (Jindabyne > Jindabyne), and the wind is expected during the event, L’Étape Australia organisers will consider other factors to determine if the event is to be modified or cancelled.

If the Bureau of Meteorology forecasts the temperatures to be between 36°C and 39.9°C (inclusive), and the temperatures are expected to be reached during the event, L’Étape Australia organisers will consider other factors to determine if the event is to be modified or cancelled.

Automatic cancellation:

If the Bureau of Meteorology forecast 90+ mm (inclusive) of rain, and the rain is expected during the event, L’Étape Australia organisers will cancel the event.

If the Bureau of Meteorology forecast winds stronger than 71km/h (inclusive) on the main loop of the race course (Jindabyne > Jindabyne), and the wind is expected during the event, L’Étape Australia organisers will cancel the event.

If the Bureau of Meteorology forecasts the temperature to be 40+°C (inclusive), and the temperature is expected to be reached during the event, L’Étape Australia organisers will cancel the event.

The decisions regarding the amendment or cancellation of the race courses will be made on Thursday 28 November at 5:30pm and/or on Friday 29 November at 5:30pm.

Communication (eDM, Facebook post, website news, press release) will be made on Thursday 28 November at 7pm and/or on Friday 29 November at 7pm if the event is to be amended or cancelled.

18. CREDIT OR CHARGE CARD FEE

Under no circumstances are credit or charge card fees refundable.

19. FINAL DECISION

All decisions and rulings by L’Étape Australia, its employees and its agents are considered final. Accordingly, I agree to comply with all event rules and all instructions and guidelines given by event crew, police, stewards, marshals, and safety personnel. I acknowledge and agree that L’Étape Australia will organise and run the event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the event, the rules of the event, the timings/finish times and the placings.

SPORTS RULES

2019 L’ÉTAPE AUSTRALIA BY LE TOUR DE FRANCE

ARTICLE 1 – PARTICIPATION CONDITIONS

L’Étape Australia is open to everyone, be they licence holders or not, provided that they are at least 15 years old on or before 30 November 2019. Participants born in 2001, who are under 18 on the date of the event, will have to provide written proof of parental consent and be accompanied by an adult on the course. Individuals under the age of 15 at the date of the event will not be eligible to register or partake in the event.

L’Étape Australia will be run on roads which are closed to general motor vehicle traffic. An application has been made for an exemption under Section 115 of the NSW Road Transport Act 2013 which means the event will be held under race conditions. A convoy of support and emergency services vehicles will be the only motor vehicles on the route within the end of course time limits set by L’Étape Australia.

Both courses (The Ride and The Race) will be timed.

Due to the strenuous nature of the event, all participants will be required to declare that they are in good health and are adequately and appropriately prepared both physically and mentally for the event. If the Rider has any health issues or doubts prior to the event, he/she should immediately seek appropriate medical advice.

Participation in L’Étape Australia implies each participant’s express and unreserved acceptance of the rules.

ARTICLE 2 – REGISTRATIONS

Registrations for the event can only be done on the online registration platform www.letapeaustralia.com subject to availability. The registration fees will be indicated on the event’s website.

L’Étape Australia reserves the right to limit the number of participants in the event.

All registrations are personal, firm and definitive and cannot be reimbursed for any reason. Registrations cannot be transferred under any circumstances.

Anyone who transfers his/her participant number to another person will be held responsible in the event that the latter suffers from or causes an accident during the course. L’Étape Australia declines all liability in the event of an accident under such circumstances and will permanently ban the participant who has transferred his/her participant number to another person, as well the participant who uses it, from L’Étape Australia. Participant numbers must be worn on participants’ backs and be completely visible during the course.

ARTICLE 3 – COLLECTION OF PARTICIPANT NUMBERS

Participant numbers can be collected in the L’Étape Australia Village set up in Banjo Patterson Park (Jindabyne) on Friday 29thNovember 2019 between 10am and 8pm AEST. No participant numbers will be distributed on Saturday, the day of the event. Participant numbers and timing chips will be distributed when you present a proof of your identity. Participant numbers will not be sent by post. Each participant must collect his/her participant number personally. The allocation of a participant number is firm and definitive.

ARTICLE 4 – MANDATORY AND FORBIDDEN EQUIPMENT

For safety reasons and to ensure the event goes smoothly, each participant must present himself / herself at the start of L’Étape Australia with the following mandatory equipment:

A rigid helmet to the requirements of Australian Standard AS/NZ 2063 or international equivalent which must be worn throughout the entire course;

A hydration system (water bottle or hydration pack).

To ensure your safety as well as that of the other participants, it is strictly forbidden to participate in L’Étape Australia with the following:

A bicycle equipped with any kind of extension (bar ends or triathlon bars);

An electric bicycle or electrically assisted pedal cycle;

A recumbent or prone bicycle;

A bicycle which is not officially recognised by the U.C.I.

No participant is to wear headphones or similar devices whilst participating in the event, and shall remain alert of their surroundings and attentive to instructions given by event organisers or other authorities.

ARTICLE 5 – RESPECTING THE ENVIRONMENT

In order to respect the environment and the natural surroundings in which the event takes place, it is strictly forbidden to leave litter (paper, plastic wrappers) on the route. Bins will be provided at all Food Zones. They must be used by the participants at all times.

Participants must hold onto their litter and wrappers and wait until they reach the places set up by the organisation to dispose of them.

ARTICLE 6 – TIMING AND RANKINGS

Timing will be done using an electronic detection system.

All participants will be given a timing chip with positioning instructions in their registration packs. This timing chip will be detected by different antennas placed along the route, especially at the start, in the mountain climbs and at the finish. It will be used to monitor the participants and will also allow the results and rankings to be established.

General results and rankings will be available following the event including results by age category. In order to allow the timing chip to function properly, instructions received with the timing chip must be followed precisely.

The electronic detection system has been chosen according to strict reliability requirements. Despite the tests carried out by the manufacturers, a very small percentage of chips that are not detected still exists. The lack of data resulting from chips not being detected will not allow the organiser to include the participant’s official time in the ranking. The organiser will not be held responsible for this.

At the end of the event, several rankings will be established:

King / Queen of the Mountain challenge: a ranking will be established based on the combined time for the ascent of the Col de Beloka and the Col de Kosciuszko and the fastest man and woman will receive an official Tour de France Polka-Dot Jersey. Only participants from the Race are eligible for this challenge. The fastest ascent by the Ride participants of the Col de Beloka will be recognised on the day however they will not receive an official Tour de France Polka-Dot Jersey.

Women’s and men’s rankings: the first male and female to cross the Race finish line will receive an official Tour de France Yellow Jersey. The overall male and female winner for the Ride will be recognised during the prize ceremony however will not receive an official Tour de France Yellow Jersey.

Young Rider Challenge: the first male and female to cross the Race finish line, aged under 25 on the day of the event will receive an official Tour de France White Jersey.

All Jersey winners will be congratulated during the prize giving ceremony held in Banjo Patterson Park.

A cut-off time in different points of the race courses, will be defined by Lateral Events (according to the route’s difficulties, technical constraints, etc.) and given to all the participants. This cut-off time will be published on the event’s website.

All the results will be published on the event’s website.

Teams (5 riders minimum)

Teams: consist of a minimum of five (5) riders. There is no upper limit to the number of riders in team. There are separate rankings & prize categories for Teams. Team members cannot win individuals prizes, only Team prizes. Teams are eligible for prizes as the fastest team in the following categories: Men’s Race, Women’s Race, Mixed Race, Men’s Ride, Women’s Ride and Mixed Ride.

Teams are not eligible to win any other prize categories. Individual riders within a Team or a Group are excluded from winning the Individual Rankings or Prize categories.

Mixed teams will have their total time calculated by adding the times of the first four (4) male cyclists to cross the finish line and the first female (1) cyclist to cross the finish line.

Teams and Groups will be allocated to start under a single wave separate from the Individual Riders.

ARTICLE 7 – SAFETY DURING THE EVENT

Personal following cars are strictly forbidden on the route.

L’Étape Australia will put a number of measures in place to check that the route is secure: signage, motorcyclists with flags indicating locations that could be considered dangerous, and signs indicating sections requiring particular attention. Any relatively dangerous points on the route will also be listed and communicated on the event’s website.

The participants must obey the safety instructions given by L’Étape Australia’s personnel (motorcyclists, volunteers) along the whole route.

Any person competing in, organising or supporting competitors, or in any other manner connected with the event, must obey directions given by a member of the NSW Police Force. A member of the New South Wales Police Force has the authority to delay, halt or cancel the event at any stage in the interests of road safety or the safety of the community. Any directions issued by the Roads and Maritime Services must be promptly obeyed.

The safety measures will end at the finish line, located in Jindabyne.

ARTICLE 8 – WITHDRAWALS AND TIME LIMITS

Riders must be at the Start well in advance of the start time. Some approach roads to the Start will be restricted to vehicles. Road closures will then be enforced in advance of the start time. All timings will be communicated well in advance. It is the participant’s responsibility to ensure they are at the Start in sufficient time. If a participant is unable to reach the Start and is unable to participate for any reason, no refund will be provided.

L’Étape Australia may introduce cut off times as they see fit as part of the event rules, being limits on the time taken to complete sections of the event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the event. Subsequently, competitors may be instructed to withdraw from the race in accordance with imposed cut off times. Riders who continue to ride after they have been withdrawn from the race do so at their own risk, on open roads, and are no longer supported by L’Étape Australia’s medical, mechanical or transport support services.

If a participant wishes to withdraw for any reason other than injury, he/she should, if at all possible, do so at one of the cut-off time points set up by the organisation. Cut-off time points are located at all Food Zones. The participant should find the person in charge of the area, who will permanently invalidate his/her participant number. Return transportation for riders and bikes will be available at each of these points.

ARTICLE 9 – FIGHT AGAINST DOPING

Anti-doping tests may be carried out at the request of ASADA. The participants of L’Étape Australia undertake to rigorously respect the ban on doping, as well as the measures concerning anti-doping tests, according to the laws and regulations in force.

ARTICLE 10 – INSURANCE

Cycling in general and cycling competitions, in particular, represent a physical activity which involves risks.

Each of L’Étape Australia’s participants must enter the event knowing that they will ride on mountainous terrain with steep climbs and rapid descents.

Public liability insurance: In accordance with the laws of the State of New South Wales, the organiser has taken out public liability insurance to cover the financial consequences of its event management, those of its staff, officials, volunteers and all the participants of L’Étape Australia. Cover provided by this insurance to the cyclists is limited to accidents which they may cause to third parties during the course of the sports event.

A copy of the insurance policy is available to all participants upon request.

Personal accident insurance: All participants in L’Étape Australia are advised to take out personal accident insurance suitable for competing in a race such as L’Étape Australia. This insurance is optional but highly recommended. Personal accident insurance is not included in the L’Étape Australia registration fee.

Material damage insurance: The organiser will not be held responsible for the theft, breakage or loss of the participants’ personal belongings during the event. It is therefore up to each participant, if he/she deems necessary, to take out material damage insurance.

ARTICLE 11. IMAGE RIGHTS

By participating in L’Étape Australia, the participant gives his/her express permission for the organiser, its delegates and its successors to use and reproduce, in any medium and by any means, now and in the future, with no compensation of any kind, his/her name, voice, image, and, more generally, his/her sporting performance in L’Étape Australia, in any form, in any existing or future medium, in any format, for public communication throughout the world, for any use including advertising and/or commercial purposes, and for the entire duration of the protection granted by current copyright laws and regulations, judicial and/or arbitral decisions issued in any country, and existing or future international conventions, including those that may result in the extension of this duration.

Participants grant their full and irrevocable permission, to the organiser, its dependants, and its successors, for the purposes of conducting advertising, promotional or sales campaigns to:

Make any changes, additions or deletions which it judges necessary to use his / her image under the conditions defined below;

Include or combine his / her image with any signatures, hooks, slogans, legends, brands, distinctive signs, legal information, visuals and, generally speaking, anything of any kind which the organiser uses, particularly to illustrate communication material in which they are used.

The participant guarantees that he/she is not bound by an exclusive contract relating to the use of his/her image and/or name and/or voice.

The organiser, its delegates and its successors are expressly forbidden from using a participant’s name, voice or image in any format that is detrimental to the participant’s dignity.

ARTICLE 12 – AERIAL FILMING

All participants in L’Étape Australia certify that they have been informed that on the day of the event, unmanned aircraft (drones) may be used by the organisers or their broadcasters to film the competition.

ARTICLE 13 – PRIVACY POLICY

Lateral Events will respect the confidentiality of personal information and data provided by the event’s participants and will handle them in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”).

Information collated from participants will be recorded and used by Lateral Events to ensure their participation in the event is processed correctly, to personalise communication with them and, for those who have given their agreement when they created their account, to send information to them.

L’Étape Australia information

Information and offers from L’Étape Australia’s partners.

ARTICLE 14 – DISPUTES

All complaints must be made in writing, in English, mentioning the participant’s last name, first name and his / her participation number and sent to the headquarters of the organising company, within 30 days of the results being announced.

Lateral Event Management

L’Étape Australia

Level 11, Challis House

4 Martin Place

SYDNEY NSW 2000

AUSTRALIA

No claims will be accepted beyond this time.

No reply will be given to any request by telephone or in writing concerning the interpretation or application of the present rules. Lateral Events reserves the right, if need be, to shorten or cancel L’Étape Australia. It cannot be held responsible for this.

The present rules are subject to New South Wales law.

ARTICLE 15 – NEWSLETTERS

By registering for L’Étape Australia, the participant is automatically subscribed to the event’s newsletters and must remain so until L’Étape Australia takes place.

ARTICLE 16 – ACCEPTANCE OF THE RULES

Participation in L’Étape Australia implies each participant’s express agreement with these rules, terms and conditions.

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